Elangovan S v. The Assistant Director Of Town And Country Planning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.17935 & 17937 of 2025 1.S. Elangovan 2.Ponnuthai @ E.Selvi.

... Petitioners Vs

1. The Assistant Director of Town and Country Planning, Haq Road Chokikulam, Madurai.

2. Madurai Corporation, Through its Commissioner, Anna Malaigai, Madurai.

3. The Revenue Divisional Officer, Madurai District.

4. The Tahsildar, Madurai South Taluk, Madurai District.

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5. Ramakrishnan.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to forbear the first respondent from giving planning permission in respect of the land in survey Nos. 148/10A, 148/10c situated in Anupanadi Village, Madurai, without conducting proper enquiry with the petitioner on his objections.

For petitioners : Mr. R. Suriya Narayanan For respondents : Mr. C.Satheesh Government Advocate for R1, R3 & R4 Mr.K.K.Kannan for R2 *****

ORDER

This Writ Petition is taken up for hearing at the time of admission with the consent of the learned counsel for the petitioners, the learned Government Advocate for the respondents 1, 3 and 4 and the learned counsel for the second respondent and after dispensing with the notice on the fifth respondent, as no adverse orders are proposed to be passed against the fifth respondent.

2. It is the case of the petitioners that the second petitioner is the owner of the land measuring an extent of 2 cents in survey No.148/10C, situated at 2/5

Anupanadi Village, Madurai.

3. It is submitted that the fifth respondent has filed an application for layout approval in respect of 52 cents comprised in survey Nos.148/10A, 148/10C. Therefore, the petitioner apprehends that the petitioner's two cents land in survey No.148/10C will also be taken up for consideration for layout approval of the fifth respondent. To this effect, the petitioner has given a representation dated 06.10.2024 to the first respondent.

4. Having considered submissions made by the learned counsel for the petitioners, the learned Government Advocate for the respondents 1, 3 and 4 and the learned counsel for the second respondent, the Court is inclined to dispose of this Writ Petition by directing the first respondent to consider the petitioner's aforesaid representation dated 06.10.2024 and dispose it of on merits and in accordance with law, after hearing the petitioners as also the fifth respondent within a period of six (6) weeks from the date of receipt of a copy of this order.

5. In case there is any dispute regarding the ownership, the petitioner may be directed to work out the remedy before the Civil Court. 3/5

6. This Writ Petition is disposed of, with the above observations. No costs. W.M.P.(MD) No.17935 of 2025 is allowed. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 22.08.2025 Internet : Yes / No apd To

1. The Assistant Director of Town and Country Planning, Haq Road Chokikulam, Madurai.

2. Madurai Corporation, Through its Commissioner, Anna Malaigai, Madurai.

3. The Revenue Divisional Officer, Madurai District.

4. The Tahsildar, Madurai South Taluk, Madurai District.

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C.SARAVANAN, J.

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